I invented a product and decided to find out how to file a design patent. With a book on design patents and use of the U.S. Patent website (http://www.uspto.gov/web/offices/pac/design/desfaq.html), the design patent application cost a little over $200 to file. Below are the forms I successfully completed and mailed to the U.S. Patent Office:
- Declaration for Utility or Design Patent Application – PTO/SB/01. In the application, I entered my name (first named inventor), declared the name of my invention (which I am seeking a patent for), and checked the box for “the application of which is attached hereto" (my first time filing the application for my invention). I didn't make a claim of foreign priority benefits, because I was not filing my invention in a foreign country. I completed the application with my name, address and signature.
- Declaration – PTO/SB/02A - for additional inventors. In this declaration form, I added an additional inventor.
- Fee Transmittal for FY 2009 (fiscal year 2009). PTO/SB/17. This form contains the method of payment (check, credit card, etc) and fee calculations. Since my application type was for a design patent, I selected the design filing fee for a small entity, the search fee for a small entity, and a small entity examination fee. I totaled the fees, signed and dated the form.
- Design Patent Application Transmittal – PTO/SB/18 - approved for use thru 06/30/2010. This form list all the elements of the design patent application that I was mailing to the U.S. Patent office. I checked the following boxes for: Fee Transmittal Form, the applicant (me) claims small entity status (which I'd qualified for – see U.S. Patent website – 37 CFR 1.27), specification (see below), drawings (see below), and a Non-publication Request form (see below). I included a return self-addressed postcard which listed everything I was sending to the U.S. Patent Office.
- Non-publication Request Under 35 U.S.C. 122(b)(2)(B)(i). Certifying that my invention has not and will not be the subject of an application filed in another country. I signed and dated this form. This can be rescinded, but there is a time frame requirement.
- Specifications – I typed a document entitled the Design Patent Application – Preamble, Specification and Claim. This document contains a preamble statement. The preamble should state all documents you're filing and the amount of the filing fee. Example, "The petitioner(s) whose signature(s) appear on the declaration attached respectfully request that Letters Patent be granted to such petitioner(s) for the new and original design set forth in the following specifications. The filing fee of $200 and 4 sheets of drawings, a patent application declaration, fee transmittal, a credit card payment or check, and a return receipt postcard are attached". The specifications statement will state the name of the design. Example, "The undersigned has (have) invented a new, original, and ornamental design entitled "(name of your invention)" of which the following is a specification. Reference is made to the accompanying drawings which form a part hereof, the figures of which is described as follows:". The cross-reference to related applications statement can list any related applications (I listed "none"). The drawing figures statement will list the figure number and the view of each drawing of your design. Example, Fig 1 front view of (name of your invention). Finally, the feature description statement will describe, in detail, your design.
- Drawings of Invention - My drawings consisted of a front view, sectional view, and top view. Keep in mind, that drawing figures must show shading and contours. If you show a sectional view, of a figure, it must contain dotted or broken lines.
Filing my design patent was not overwhelming, because I had really good information from a book entitled “Patent It Yourself” by David Pressman. I'm sure there are other books on patents - it doesn't hurt to review them. So, if you've have an idea for an invention you want to patent, by all means, do your research and go for it.
Link to US Patents: www.uspto.gov/
Link to US Patents: www.uspto.gov/
Great book on patents and inventions:
Patent It Yourself: Your Step-by-Step Guide to Filing at the U.S. Patent Office
Patents, Copyrights & Trademarks For Dummies
Inventing for Dummies
The Complete Guide to Securing Your Own U.S. Patent: A Step-by-Step Road Map to Protect Your Ideas and Inventions - With Companion CD-ROM
How to Make Patent Drawings: A Patent It Yourself Companion
Patent Pending in 24 Hours
